The accused admitted of being kissed and touched by d victim but there was no sexual intercourse..the alleged victim is 16 yet is actively in sex and smoking and cuts off school. Can these factors be presented to prove that the girl is not innocent and is aware of the situation?
Assuming the "victim" was 16 years old at the time of the incident, the rape charge would involve force or drugs/alcohol. The Rape Shield laws will pose some problems. You need to hire an attorney immediately. Do NOT try to handle this by yourself. Find an attorney who will sit down and listen to the entire fact pattern. Be prepared to answer some difficult questions. Remember that your conversation with your lawyer is privileged. Then begin to plan a defense today. Do not wait for the arrest warrant or even the "interview." Time is never on the defendant's side.
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The young lady's sexual activities will not prevent you from being charged with some form of unlawful intercourse.
The defendant will have to make a jury believe that the alleged victim is not telling the truth and has fabricated this allegation.
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